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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG, J.
Shanti Kumar Chakma and Ors – Appellants
Versus
Union of India and Ors – Respondent
WP(C) 8 of 2021
Decided on : 11-09-2023
Land Acquisition - Indo-Bangla Border Fencing - Land Acquisition Act, 1894, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 4, Section 6, Section 24, Section 80 - Summary of Acts and Sections: The court discussed the application of the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The key legal provisions discussed included the process of land acquisition, compensation, and the rights of landowners. The court emphasized the need for clarity on the authenticity of the draft award and the disputed questions of fact before issuing any direction for payment of the award.
Fact of the Case:
The petitioners filed a writ petition seeking compensation for land acquisition for Indo-Bangla Border Fencing. The petitioners claimed that the compensation amount approved by the government had not been paid to them, and they were entitled to interest as per the provisions of the 2013 Act. The respondents contested the claim, stating that compensation had already been paid in 2007 and raised doubts about the authenticity of the draft award.
Finding of the Court:
The court found that there were disputed questions of fact regarding the compensation already paid in 2007 and the authenticity of the draft award. It concluded that the petitioners should approach the appropriate forum to clarify these disputed questions of fact and doubts on the authenticity of the draft award before seeking further action.
Issues: The main issues were the non-payment of compensation to the petitioners, the authenticity of the draft award, and the disputed questions of fact regarding the compensation already paid in 2007.
Ratio Decidendi: The court emphasized the need for clarity on the authenticity of the draft award and the disputed questions of fact before issuing any direction for payment of the award. It directed the petitioners to approach the appropriate forum to clarify these issues.
Final Decision: The writ petition was disposed of with the observation that the petitioners should approach the appropriate forum to clarify the disputed questions of fact and doubts on the authenticity of the draft award before seeking further action.
JUDGMENT :
Heard Mr. C Lalfakzuala, learned counsel for the petitioners along Ms. Zairemsangpuii learned CGC for respondent Nos. 1, 2, 3, 4 & 5, Mr. P. Goswami, learned counsel for respondent Nos. 6 & 7, Mr. P.C. Lalthangmawia, learned Government Advocate for the State respondent Nos. 8 & 9 and Mr. Reuben Lalrinsanga, learned counsel for respondent Nos. 10, 11 & 12.
2. This writ petition is filed under Article 226 of the Constitution of India for issuance of the appropriate writ against the respondents in the matter of land acquisition of Indo-Bangla Border Fencing (IBBF) from Chhotapansury to Jaralsury including diverted road under CADC area within Lawngtlai District, wherein the respondents have failed to make payment of compensation amounting to Rs. 31,99,91,282/-(Rupees thirty one crore ninety nine lakh ninety one thousand two hundred eighty two) only to the petitioners in respect of Award No. 1/2018. The writ petition is also for payment of solatium and interest as per the Road to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and interest as per Section 80 of the Act.
3. Brief facts of the case is that the petitioners are the legal and rightful owners of land having valid Land Settlement Certificate (Garden and House Site) issued by the Land Revenue &Settlement Department, Chakma Autonomous District Council (CADC). The lands of the petitioners are located at different villages such as Chhotapansury, Gulsingbapsora, Nagdarasoraand Gerakuluksora including diverted road under the Chakma Autonomous District Council (CADC) area, Lawngtlai District. The Principal Secretary, Land Revenue & Settlement Department had published a notification under sub section (i) of Section 4 of the Land Acquisition Act, 1894 dated 26.10.2012 for construction of Indo-Bangla Border Fencing (IBBF) and approach road to Border Out post's within Lawngtlai District. The Government of Mizoram through the Principal Secretary, Revenue Department then issued a declaration under Section 6 of the LA Act, 1894 dated 8.4.2013 that the land specified in the Schedule including the petitioners land was required for public purposes. According to the petitioners, the land notified for acquisition was marked out and measured by Surveyor of Land Revenue & Settlement Department, CADC, Kamalanagar in presence of the petitioners, representatives of acquiring Department (NPCC) and SDO (C) Chawngte. The total area of the land was measured as 281813 Sq.mtrs.
4. Thereafter, the land of the petitioners was compulsory acquired vide Award No. 1 of 2018 for construction of Indo-Bangla Border Fencing (IBBF) and approach road under CADC area within Lawngtlai District. The Draft Award No.1/2018 amounting to Rs.31,99,91,282/-(Rupees thirty one crore ninety nine lakhs ninety one thousand two hundred eighty two only) was approved by the Government of Mizoram, Land Revenue and Settlement Department vide Memo No.K.12011/39/2012-REV dated 31.7.2018.
5. Mr. C Lalfakzuala, learned counsel for the petitioners submits that prior to the filling of the instant writ petition, the petitioners had filed WP(C) No. 121 of 2019 which was however withdrawn with a liberty to file afresh since the Border Road Organisation (BRO) and Chakma Autonomous District Council (CADC) were not impleaded. He submits that as per the affidavit dt. 12th May, 2020 submitted by the Deputy Inspector General, Sector Headquarters, BSF, Aizawl in W.P (C) No. 121 of 2019, the BRO had made payment for damages caused to land/building/fruit bearing and non-fruit bearing trees to some land owners. It was submitted therein that payment to the tune of Rs.23,40,850/-and Rs.22,72,670/-for the land falling between Chainage 49.10 km to 59.10 km (BP No.2347/M to 2347/25) and Chainage 59.10 km to 69.10 km (BP No.2347/25 to 2348/35) had been done through: SBI Lunglei banker cheque No.1884356 (for Rs.23,40,850/-) and cheque No.184357 (for Rs.22,72,670/-) dt. 19th Dec, 2007 to the Environment
The main legal point established in the judgment is the importance of clarifying disputed questions of fact and doubts on the authenticity of the draft award before seeking any direction for payment ....
The court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
The compensation awarded by the Collector under the Land Acquisition Act, 1894 cannot be questioned except on specific grounds, and the payment of interest is mandatory under the Act.
The court affirmed the obligation to pay compensation for land acquisition, emphasizing the learned Single Judge's jurisdiction to direct payment when no challenge to the award existed.
Point of Law : It is well settled that if a person has submitted to the jurisdiction of the Authority, he cannot challenge proceedings, on the ground of lack of jurisdiction of said authority in furt....
The acquisition proceedings under Award No.12/83 were held not to lapse in terms of Sec. 24(2) of the RFCTLARR Act and they will continue.
The court clarified that under the Land Acquisition Act, only one award is envisaged, and no Supplementary Award is contemplated. It emphasized that any grievance regarding non-determination of compe....
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
The Land Acquisition Officer has authority to decide simple title issues but must refer complicated matters to the Civil Court, ensuring fair consideration of all claims.
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